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 IFOR PRIVATE CIRCULATION ONLY'.] 
 
 SPEECH OF COUNSEL, 
 
 THE 30th may, 1848, 
 
 A SELECT COMMITTEE OF THE HOUSE OF COMMONS, 
 
 ON BEHALF OF 
 
 Cf)^ If^en^f ItotD^r anil ^00t$tant iHa^ter^ of iSton 
 
 THE GEE AT WESTERN RAILWAY 
 EXTENSION 
 
 FROM SLOUGH TO WINDSOR.
 
 ■ UIUC ' 
 
 >n^^'
 
 IFor Private Circulation only.] 
 
 SPEECH OF COUNSEL, 
 
 BEFORE 
 
 A SELECT COMMITTEE OF THE HOUSE OF COMMONS, 
 
 ON BEHALF OP 
 
 ^f)t ?^eat(, Eohjct anti Assistant iHasters of ©ton 
 
 AGAINST 
 
 THE GREAT WESTERN RAILWAY 
 EXTEIMSION 
 
 FROM SLOUGH TO WINDSOR. 
 
 Now then, Sir, I propose to address to you — I hope not 
 at very great length — the observations which relate to 
 the case as it affects the interests of Eton College. I believe 
 it will not be denied, nor, indeed, has it been questioned, 
 that I represent substantially the whole of the Masters 
 concerned in the management of the School. It will not 
 be denied either, I think, after the evidence which has 
 been given, that those Masters are entrusted with the 
 chief management of the School. My learned friend, the 
 Counsel acting for the Great Western Railway Company, 
 no doubt, led on Mr. Dupuis very ingeniously to express 
 his conviction of the sincerity and good intentions of 
 the College of Eton, but one single question displaced 
 the effect of the whole of that evidence as far as the 
 direct practical management of the School was con- 
 cerned ; because he told you, that although they had the 
 general managing power they were not applied to, except in 
 some rare case, and I think you must take it on the Evi- 
 dence therefore that I do represent those who are prac- 
 tically charged with the discipline, and who are therefore
 
 ( 4 ) 
 
 responsible for the safety of tlie boys at the School. 
 These points I think cannot be contested; there is another 
 point, I think, that is equally free from doubt, — that this 
 opposition is an honest, though it may be a mistaken, oppo- 
 sition on the part of the Eton Masters; it is an opposition 
 not depending upon any wish on their part to support any 
 given Scheme, but an honest opposition, because they 
 believe the particular Scheme before you is injurious to 
 the interests w^hich they are bound to protect. I say that 
 without the slighest hesitation, at the same time admitting 
 entirely that the expenses are defrayed by the South- 
 western Company ; that is a matter which occurs con- 
 stantly when there are very good and substantial ob- 
 jections to a Line on the part of a given Landlord, who, 
 yet finding the interest of some competing Company 
 coincides with his own, fairly avails himself of their as- 
 sistance, makes no concealment of it before the Com- 
 mittee, and is usually treated, with regard to his own 
 interest, as if such a matter liad not existed. 
 
 Now, Sir, last year the Eton Masters did subscribe, as 
 you have heard, and spent all their subscription; this year, 
 as Mr. Coleridge told you, they would have subscribed if 
 the assistance of the South-Western had not been offered : 
 but I am here to state on their part, that as between them 
 and the South-Western Company I am at liberty to con- 
 duct my case in any way which I think will be for the 
 interests of the College, and without the slightest regard to 
 the South-Western interests. If their interests coincide 
 with ours, well and good. If they should at any point 
 differ, then you may depend upon it I shall urge the claims 
 of Eton, entirely disregarding those of the South-Western; 
 and I must say that it is fortunate for the Masters that 
 they have met with this support, for gentlemen in their 
 position cannot be expected every year to find large sums 
 to oppose powerful Companies for the interests of the
 
 ( 5 ) 
 
 School ; that they would do it to the utmost is certain, 
 but it might have been expected, and under any reason- 
 able state of circumstances would have been the case, 
 that they would have received assistance from other quar- 
 ters, from which other quarters circumstances have de- 
 prived them of receiving the support to which they were 
 entitled. I say it is well that they have by chance the 
 assistance of the South -Western Company, considering 
 that both the Crown and the College, to whom they might 
 justly have looked for support and assistance, have under 
 the circumstances of the case entirely failed them. I say 
 the Crown and the College. The College, nobody can 
 doubt, has a direct duty and interest in protecting the 
 School; with regard to the Crown — this is a Royal Foun- 
 dation, has existed for centuries under the Castle of 
 Windsor, has been the constant object of royal favour, has 
 in return been the nursery of many of the chief statesmen 
 of this country, and is a source from which the education 
 of a large part of the nobility and gentry is derived ; — from 
 the Crown it has received many benefits — to the Crown, in 
 the only way in which it could repay those obligations, 
 namely, by a faithful discharge of its educational duties, 
 it has amply repaid that debt. There was, then, a state of 
 mutual obligation, as we conceive, between the Crown and 
 the School, and we certainly did not expect, whatever the 
 views of the Crown — and when I mention the Crown I 
 speak of the public department representing the Crown, 
 and of those only — we did not, I say, expect that our inte- 
 rests would have been resigned, I will not say bartered 
 away, simply for the purpose of stopping up a few old 
 roads ; we had a right to expect that a little more consi- 
 deration than that would have been afforded to us on the 
 part of the Woods and Forests. When I point out in detail 
 the circumstances, step by step, which have led to the con- 
 summation of that unhappy Agreement produced for the
 
 ( 6 ) 
 
 first time before you, I think you will see good ground for 
 considering that we have been betrayed by those who had 
 a duty to perform towards us. 
 
 Now, Sir, first with regard to the College, I say we are 
 without their support on this occasion. I think it very 
 much to be lamented that the College should ever have 
 put itself in a position to tie its hands and fetter its judg- 
 ment in a matter so vital to the School ; but, that error 
 once committed, I think the College have behaved honour- 
 ably and properly towards the Great Western, and they 
 have shown as much consideration for the interests of the 
 School in the present position of affairs, as much dis- 
 opsition to yield their own feelings, as it was possible 
 to do under the circumstances in which they were placed. 
 As you are well aware they were originally opposed to 
 the Great Western Company, even to the extent of pre- 
 venting a Station being made at Slough; stringent clauses 
 were introduced to prevent the approach of any Line 
 whatever, nearer than Slough, to Eton; there was a time 
 when Mr. Bacheldor himself tells you that his duty was to 
 look about and see that no Railway should get into Eton, 
 if it could possibly be helped, — and that was the state of 
 matters, as we have it in evidence, up to the time when 
 the so-called Atmospheric Line was proposed ;* that Line 
 was opposed by the Crown, it was opposed by the College, 
 and it was opposed by the Great Western Company — 
 one would imagine the Great Western Company needed 
 no inducement to oppose a Line of that kind — one would 
 conceive that they needed no bargain to make it more their 
 interest to throw out that Line than it would have been at 
 any rate, but it appears that they came into contact with 
 the College on that occasion, when a joint plan of oppo- 
 sition was organized, one of the terms of which — 1 will 
 
 • The Windsor, Slough and Staines Atmospheric Railway Company was 
 formed in 1845, and was before parliament in the session of 1846.
 
 ( 7 ) 
 
 not call it a stipulation — but one of the terms simulta- 
 neously entered into was, that the College should there- 
 after approve and consent to a Line of the Great Wes- 
 tern Railway Company. I say that the evidence upon 
 that subject, and, in fact, the very nature of the case 
 shows, that the Great Western took advantage of the 
 momentary difficulties of the College to impose that term 
 on them ; for, I repeat, it is contrary to common sense to 
 suppose that the Great Western Company would not have 
 opposed that Atmospheric Line to the utmost, whether 
 they had received any such pledge from the College or not. 
 It was as much their interest to oppose that Line, as to 
 oppose the South- Western Line afterwards, or any other 
 Line which should come and interfere with their Windsor 
 traffic. I say that that concession was made in a moment 
 of weakness by the College, a concession that ought not to 
 have been asked by the Great Western, but which, being 
 once entered into, the College have honourably and faith- 
 fully adhered to. 
 
 Now, Sir, so far did they adhere to it, that last year, 
 when the Line was proposed from Slough to Windsor, 
 passing upon the level, or a very slight embankment, the 
 whole way down to the River, the College gave its con- 
 sent, and even, by some of its witnesses, expressed belief 
 that there was no serious ground of apprehension ; I think 
 that is the utmost limit to which it could possibly go, and 
 it did go so far as that; the Committee, however, very 
 justly preferring the evidence and the opposition of the 
 Masters, those practically charged with the School, to 
 the consent of the College, — obtained under circumstances 
 which were known to them, as they are known to you 
 now, — rejected the Bill, notwithstanding the support of the 
 College, and left the Masters protected as they had been 
 before, but of course to no greater extent, and exposed
 
 ( « ) 
 
 again, as they have been this year, to the habihty of a 
 second attack. 
 
 Now, Sir, this year what have the College done? 
 Nothing has been done in the way of absolute consent, no 
 doubt, to any other than the Great Western Line, that is 
 not pretended ; apd when I come to the case of the Crown, 
 nothing has been done in the way of absolute consent to 
 any other Line, — there is no question about that,— but 
 can you doubt, after the Evidence of Mr. Carter, after the 
 letters produced, that if the College can with proper con- 
 sideration to the Great Western Company, and their pledge 
 to them, facilitate the introduction of another Line which 
 shall not pass to the Westward of Eton, but go to the 
 Eastward, beyond the River and through the Park, that 
 they are ready immediately to consent to it ? Sir, I will not 
 fatigue you with reading those letters, I will not go through 
 those letters in detail ; you have the matter summed up by 
 Mr. Carter in one or two portions of his Evidence ; and I 
 say that it is conclusive as to this, that supposing the two 
 Companies to be agreed, the Great Western to be willing 
 to coincide in such a plan with the South-Western, and 
 the Crown to give its consent, the College are ready at this 
 moment to sanction such a Line. That is the history of 
 the College part of the transaction; you will see how very 
 little weight, under the circumstances, can be attached to 
 their consent to the Great Western plan — a consent which 
 they gave, I say, in a moment of weakness, which they 
 have adhered to honourably, but which they are perfectly 
 willing to commute into another consent, under circum- 
 stances which the present case, in my humble judgment, 
 renders it almost imperative should be considered by the 
 Committee, and made the foundation of their proceedings 
 in this matter. 
 
 I now proceed to a far more disagreeable task, I proceed 
 to the case of the Woods and Forests — a public body repre-
 
 ( 9 ) 
 
 senting the interests of the Crown in certain particulars. 
 There seems to be no doubt at all, Sir, that that body was 
 formerly opposed to all Railways into Windsor; and that 
 was the hope, and a very considerable assurance and sup- 
 port to the authorities of Eton, that no such Railway 
 would ever be sanctioned : they had the protection on the 
 one side of the restrictive clauses in the Great Western 
 Act ; they had on the other side the general influence of 
 the Crown exercised by the Woods and Forests, and 
 directed against all Railways. The Atmospheric scheme, 
 however, seems to have raised in the minds of those en- 
 trusted with such matters in the Board an opinion that 
 some Line or other ought to be sanctioned ; and accord- 
 ingly we find that in the session of 1847, proceeding upon 
 negotiations in 1846, the Line called the Windsor, Staines 
 and South-Western Line was introduced, and introduced 
 with the full sanction and approbation of the Crown. 
 When it was originally proposed, however, it was pro- 
 posed in a very different form from that which it after- 
 wards assumed ; for it was proposed as a Line going into 
 Windsor pretty nearly at the same point as the Great 
 Western has now chosen for its immediate access into 
 Windsor, and encircling Eton by a continuation fiom 
 Black Potts in the Line which has been shown to you. 
 The confidence of the authorities of Eton in the protec- 
 tion of the Crown was not diminished by any thing that 
 passed at that stage of the transaction ; for they were 
 consulted, and until they were satisfied that the portion of 
 the Line encircling Eton would be given up, the Crown's 
 consent was not given to the Bill, and there was therefore 
 a direct recognition of the duty of the Crown to protect 
 Eton, and a direct interference on their part to reject so 
 much of the Line as would in their judgment be hostile 
 and injurious to its interests. 
 
 It was under those circumstances. Sir, that a Bill was
 
 ( 10 ) 
 
 introduced — a Bill limited in its object to Black Potts, and 
 so limited by the decision of the Woods and Forests on ac- 
 count of the interests of Eton, which they felt bound to 
 protect. With that limitation, the Bill had the full sup- 
 port of the Woods and Forests — not only it had the full 
 support of the Woods and Forests, but an arrangement 
 was made which gave the Woods and Forests a direct in- 
 terest in the passing of that Bill — I believe an arrange- 
 ment for the expenditure of some £60,000 upon an access 
 through the Park, as part of a general plan for the im- 
 provement of the Town of Windsor. At that time even 
 the assent of the crown to the Great Western Scheme was 
 unknown J as you heard from Mr. Drake, the arrangement 
 was made without any knowledge of the views of the 
 Crown being favourable to the Great Western Scheme, and 
 all the arrangements were of a kind to mislead the par- 
 ties, for whom I appear, at Eton, — to mislead them as to 
 the subject of any future sanction to the Great Western 
 Scheme, if any such was intended at that time. First, 
 they found their objections attended to by the Woods and 
 Forests, those objections being to a Line in many re- 
 spects similar in its passage, in the neighbourhood of 
 Eton, to the Line of the Great Western Company; not in- 
 cluding that black line, which however was considered out 
 of the way of the playing fields, but including a portion of 
 a Line very similar indeed to this now proposed by the 
 Great Western Company. They found their wishes at- 
 tended to on that point; they found the Town Lnprove- 
 ment Bill made to fit into the South-Western Scheme ; 
 they found the South-Western bound in a heavy sum to 
 further those improvements, and complete the accesses ; 
 they found, further, that one particular enforced by the 
 Woods and Forests in the agreement related to the ad- 
 mission of the Great Western into the Black Potts Station 
 whenever they should wish to come there. Now, under
 
 ( 11 ) 
 
 those circumstances, what could the Eton Masters do? 
 They have told you, one and all, " We would rather have 
 had no Railway at all. We think the original isolation 
 of Eton from all Railways was the safest and best position ; 
 but here was a scheme brought forward with the consent, 
 and approbation and direct interest of the Crown in it, — a 
 scheme in which our interests were considered and altera- 
 tions in the plan made in order that our views might be 
 met, — a scheme in which we found provision made to re- 
 ceive the Great Western at the same spot. What could 
 we do but say, under those circumstances, we had better 
 take this Line, in order that we may escape the chance of a 
 much worse one?" That is the tone that has been used by 
 all the witnesses for Eton before you who have spoken on 
 this subject; and, I say, it was a reasonable conclusion on 
 their part, that every thing that had been done proceeded 
 upon one supposition, that supposition being that the 
 Great Western Company, if they were to come at all, 
 must come to the Black Potts Station, and never would be 
 allowed to molest and injure the School. That was the 
 state of matters before the Bill went into Committee, and 
 our previous conclusions on this subject were most re- 
 markably strengthened, certainly, by the evidence which 
 was given by the Chief Commissioner of Woods and 
 Forests. You will remember that Evidence, for I believe 
 it has been referred to more than once. The Chief Com- 
 missioner was a witness in favour of the South-Western 
 Scheme: he expressed no opinion in his examination in 
 chief — none whatever — about the Great Western project, 
 but on cross-examination it was put to him. 
 
 Member' of the Committee. — In favour of the South- 
 Western, — You said the Great Western. 
 
 The Chairman. — Yes, he means the Great Western. 
 
 Counsel. — He expressed no opinion about the Great
 
 ( 12 ) 
 
 Western scheme when examined upon the South-Western 
 scheme. 
 
 The Chairman. — Counsel is quite right ; he says in 
 his examination in chief he made no reference to the Great 
 Western scheme, the first reference made to it was on 
 cross-examination. 
 
 Counsel. — He was not examined, as I say, at all 
 against the Great Western scheme, and we should have 
 been perfectly content, as far as we the promoters of the 
 South- Western scheme, for I was then acting for them, 
 were concerned, if he had been entirely silent. 
 
 The Chairman. — They were not considered as competing 
 Lines in the House of Commons last year, by the resolu- 
 tion of the Committee. 
 
 Counsel. — Not at all, but it seemed fit to the Great 
 Western party to press his Lordship on the subject of the 
 Great Western Line. 
 
 The Chairman. — The Evidence you read to us before 
 were the three last questions and answers. 
 
 Counsel. — Just so ; this is it : — 
 
 Q. " Probably your Lordship would be of opinion that 
 cateris paribus one Railway would be better than two ? " 
 
 A. " I think one would be preferred." 
 
 Q. " I ask that question, because 1 find in the proceed- 
 ings of last year that such a statement was made by the 
 Board of Woods and Forests ;— and that preference still 
 exists ?" 
 
 A. " Yes." 
 
 Q. "I do not know whether you know the fact; — 
 very probably, from your connection with the Board of 
 Woods and Forests, it may be so. — Are you aware that 
 a long time ago an application was made to the Board, of 
 the Great Western Railway Company, on the subject of 
 making a Line to Windsor?"
 
 ( 13 ) 
 
 A. " I certainly understood that to be the case." 
 
 Q. " Some years ago ?" 
 
 A. '« Yes." 
 
 Q. " At that time it was suggested to them that they 
 had better defer their apphcation until the propriety of 
 making a Line to Windsor, as a public necessity, should 
 be clearly estabhshed ?" 
 
 A. "I understood it was so." 
 
 Q. " And that upon that occasion they would not meet 
 with any opposition from the Board, when the occasion 
 should arise V 
 
 A. " Very probably: I am enabled to state that the 
 Crown has always thought itself extremely indebted to 
 the managers of the Great Western Railway." 
 
 Then on re-examination by Mr. Serjeant Wrangham, 
 the question is put, — 
 
 Q. " With reference to the suggested annoyance to the 
 Castle, of a line of road in the proposed direction, your 
 Lordship tells us that that has been well considered ?" 
 
 A. " The Crown gives its full assent to the scheme, 
 with all its incidents." 
 
 Q. " The preference of the Crown, however, for unity, 
 rather than duality of Railway, exists ? " 
 
 A. " Yes." 
 
 Q. " May I venture to ask your Lordship for which one 
 of the two, that preference is now exercised under all the 
 circumstances of the case ?" 
 
 A. ** As the question is put to me, I have no hesitation 
 in saying, that, taking the whole schemes together, th'ey 
 would prefer the adoption of the South-Western Line." 
 
 Now, I say, that up to that time every step which had 
 been taken by the Crown, — and I mean, of course, when 
 I speak of the Crown, the Woods and Forests, — every 
 step which they had taken would lead, and necessarily 
 lead to the conclusion, first, that the Crown would protect
 
 ( 14 ) 
 
 Eton College ; secondly, that the arrangement which they 
 had made with the South- Western Company was one in- 
 tended to be of a conclusive character, and that the Crown 
 in fact did not intend, and would not consent — for our 
 impression went to that extent — to another Line being 
 taken for Great Western purposes, unless that Line were 
 brought to Black Potts. And then, Sir, comes this evidence 
 of the Chief Commissioner, to the effect that one Line is 
 the object of the Crown, one only into Windsor; and that, 
 if there is to be a question between the Great Western 
 Line and the South-Western Line as that one Line, the 
 South- Western is to be preferred. The evidence comes, 
 therefore, and clenches every thing that had happened 
 before ; and we thus receive the most deliberate, solemn 
 assurance which acts and words could give, that we were 
 to be protected from this Great Western Scheme. 
 
 Now, Sir, the most extraordinary thing perhaps that 
 has ever happened before tribunals of this nature, and 
 could not have happened before any other tribunal, has 
 been the evidence upon the subject of this evidence; for 
 we are told now that a Minister of the Crown gave this 
 evidence under a mistake. We never have the Chief Com- 
 missioner himself to explain the mistake; we are never 
 told what the nature of the mistake is ; but the Secretary 
 of the Great Western Company comes forward and vouches 
 that the Chief Commissioner, being solemnly appealed to, 
 and the matter directly brought under his notice, in a Com- 
 mittee especially appointed for the purpose, has given 
 most material evidence under what Mr. Saunders calls a 
 mistake. 
 
 But does the subsequent conduct of the Woods and 
 Forests look as if there had been any mistake in this 
 matter? One incident, and one only, occurs until the 
 last denouement of this history, which can in the 
 slightest degree be supposed to infer that there had 
 
 i
 
 ( 15 ) 
 
 been a mistake, and that is the withdrawal of the 
 Windsor Improvement Bill before the South-Western Bill 
 had got into the House of Lords. That Bill was with- 
 drawn at the instance of the Great Western Company, but 
 with what view ? The Chief Commissioner shall give 
 his account of it. It was withdrawn, being pi'ecisely 
 the Bill which is re-introduced this year ; not a single 
 variation in it. It was withdrawn at that time at the 
 instance of the Great Western Company, and the Chief 
 Commissioner thus explains it in a Letter to Mr. Drake: 
 — "I find myself, in consequence of an assurance 
 which I gave to the Directors of the Great Western Com- 
 pany, unable to proceed with the Windsor Improvement 
 Bill during the present session. It certainly did not occur 
 to me, when I gave this assurance, that the provisions of 
 this Bill were as essential as I find them to be for enabling 
 the Department of Woods to give effect to their previous 
 arrangements with the South-Western Company, much 
 less had I any intention of impeding the progress of their 
 Bill. In consenting to postpone the Improvement Bill 
 until the next session, I was actuated hy the hope that hefore 
 the contemplated improvements in Windsor Park, and the 
 accesses to Windsor, were completed, means might he de- 
 vised for giving full accommodation to the two Companies, 
 and thus securing universal good-will to the Improvement 
 Bill ; but whether this fortunate result should be arrived 
 at or not, I consider that I, as Chief Commissioner of 
 Woods, or whoever occupied my place, would be bound 
 to introduce, in the next Session of Parliament, either the 
 present Windsor Improvement Bill, as far as it gives effect 
 to the agreement with the South-Western Company, or 
 other provisions in lieu of them, with their consent." Now 
 what is the account here given of the withdrawal of the 
 Improvement Bill ? 
 
 The Chairman. — What is the date of that letter ?
 
 ( 16 ) 
 
 Counsel.— The 1st of June, 1847. You have heard the 
 Chief Commissioner's evidence, that he preferred one Line 
 into Windsor, — and when I speak of him I mean of course 
 a higher power,— and that that one, should be the one of the 
 South-Western. Consider what the Improvement Bill was 
 to do, as far as the Railway was concerned ; it was to give 
 an access to the Black Potts Station, and it was to do 
 nothing more. I mean to say that all the rest of the Im- 
 provement Bill was totally dehors the question of Railway 
 accommodation to Windsor. He withdraws this Bill, and 
 he gives as his reason for withdrawing it, that he wished to 
 secure the universal good-will for the Improvement Bill, bi/ 
 devising means for the giving full accommodation to the two 
 Companies ; and he says he will pledge himself to bring in 
 the same Bill another year. Is this different ? Is this in- 
 compatible in any degree with the evidence the Chief Com- 
 missioner gave before the Committee ? Does this stamp 
 his evidence as a mistake ? On the contrary, he says, the 
 Improvement Bill bears on the question of an arrangement 
 satisfactory to the two Companies. It could be only with 
 reference to a road across the park. He says, — I will sus- 
 pend the Bill in order to see whether you cannot carry out 
 that arrangement ; if an arrangement can be come to, then 
 we hope you would in that case waive some particular part of 
 the agreement, namely, the part which might be inconsistent 
 with such an arrangement ; or if the arrangement cannot 
 be come to, then the Improvement Bill shall be brought in 
 just as it stands, and you shall be in the situation you would 
 have been as if it had gone on. Now that is not incon- 
 sistent with the Chief Commissioner's evidence ; it is con- 
 firmatory of the view that he gave before the Committee, 
 that there should be but one Line, and that that Line 
 should be in the direction of the South-Western Line 
 at Black Potts; and he withdraws the Improvement Bill,
 
 ( 17 ) 
 
 to see if he cannot meet the case of both parties instead 
 of meeting the case of only one. 
 
 The next piece of Evidence upon the subject which is 
 material is that of Mr. Drake, as to what passed between 
 himself and the Chief Comissioner at Bowood — Evidence 
 of which Mr. Drake tells you he repeated the substance 
 to the Commissioner within the last fortnight, in order 
 that he might assure himself that there was no mistake 
 about it ; it appears that that was in the month of Oc- 
 tober last. 
 
 The Chairman. — November. 
 
 Counsel. — But October first. 
 
 The Chairman. — The first interview was in October, 
 but a conversation in November. 
 
 Counsel, — Yes, the latter conversation ; but see how 
 the whole goes together. Mr. Drake, the Solicitor of the 
 South-Western Company, — fully cognizant of all the ar- 
 rangements for the passage across the park, and for the 
 reception of the Great Western Company at the Black 
 Potts Station, and to whom that letter had been addressed 
 upon the subject of the postponement of the improvement 
 Bill, evidently pointed, as I have shown, to the accommo- 
 dation of hath Companies at that spot, — goes to the Chief 
 Commissioner for the purpose of ascertaining what was to 
 be done upon the subject of the Great Western Company 
 coming to Black Potts Station—" My object," says Mr, 
 Drake, " in going then, was to ascertain what the Crown 
 " intended to do in reference to the future application to 
 " Parhament. In the agreement which had been entered 
 " into between the Commissioners of Woods and Forests 
 " and the Company, as has been stated, there was a clause 
 " providing for a Line from the Great Western down to a 
 " common point of terminus — the Chief Commissioner 
 " had stated very strongly in the House of Commons, that 
 " it was the wish of those whom he represented that there 
 
 B
 
 ( 18 ) 
 
 " should be one common terminus, if it conld be arranged ; 
 " and, inasmuch as, when he indicated that to us, I knew 
 " he had the power of enforcing arrangements on both 
 " Companies, I went to his Lordship with a view to ascer- 
 " tain what course he proposed to take in the matter, in 
 " order that we might arrange for our proceedings during 
 " the present Session." 
 
 Q. " What did his Lordship tell you ?" 
 
 A. " His Lordship told me that he had done all he 
 " possibly could to induce the Great Western Company 
 " to come down to a common Station ; but that they had 
 " declined to do so, and therefore the Crown would pursue 
 " the same course with reference to the Great Western 
 " Line as was pursued in the last Session." 
 
 Did this look like mistake. Sir? Does not every step 
 that we trace of an active kind in the Chief Commissioner 
 indicate a continuance of the same line of policy — the line 
 of policy which he stated to the Committee, which he reite- 
 rated when he withdrew the Improvement Bill, and which 
 he confirmed by subsequent negociations with the Great 
 Western Company, in order to induce them to come down 
 to a station which he allotted to them from the beginning 
 of the negociation with the South-Western ; and he then 
 concludes by saying, that as he could not bring them to 
 terms, he should pursue the same course which he had 
 pursued in the previous year. I suppose he intended to 
 repeat his mistake, for all that he had done in the previous 
 year, Mr. Saunders says, was a mistake, and you have 
 distinctly from Mr. Drake that he proposed to repeat this 
 course of error, which has been so exposed by Mr. Saun- 
 ders' Evidence. 
 
 The Chairman. — I do not know whether T am right in 
 the note I have on my paper with reference to that inter- 
 view in October, that Mr. Drake understood from the Chief
 
 ( 19 ) 
 
 Commissioner the consent of the Crown would not be 
 withheld from the Great Western. 
 
 Counsel— I was just coming to that; I am now com- 
 menting; on all the evidence there is of conduct of the 
 Woods and Forests after the great mistake was made in 
 the House of Commons in the last Session of Parhament. 
 We have it that the Chief Commissioner was doing his 
 best to bring the Great Western to the Black Potts Station. 
 My next point is, as you justly observed, one of considerable 
 moment, the question whether, supposing the Black Potts 
 Station was not good enough, a better Station could be 
 given for both the Companies. It was asked by the Com- 
 mittee, in reference to Mr. Drake's examination, — " Before 
 you go to another point will you ask him what he under- 
 stood was the course that the Crown intended to pursue?" 
 Then I ask the question, " What did you understand by 
 that ?" 
 
 A. " I understood by that, that the consent of the 
 " Crown would be given, would not be withheld, — rather 
 " I should say, — would not be withheld from the Great 
 " Western scheme, seeing it had not been in the previous 
 " year." 
 
 Q. " Did you understand that any active support would 
 be given to it ?" 
 
 A, " No, I did not; no, I understood the consent would 
 be given, but I did not understand any active support 
 would be given." 
 
 Member of the Committee. — Was that the conversation 
 at Bowood ? 
 
 Chmisel. — No, that is in October, not at Bowood. We 
 are coming to the Bowood conversation immediately. 
 Then it appears in the early part of November, Mr. Drake 
 went to Bowood — " Having ascertained his Lordship would 
 
 b2
 
 ( '20 ) 
 
 see me on the subject there: he was made aware before I 
 came of the object of my comino;." 
 
 Q. " He had been made aware of the nature of the 
 subject to be disscussed before hand, had he, Mr. Drake?" 
 
 A. " He had." 
 
 Q. " Did you then ask his Lordship whether the con- 
 sent of the Crown would be given to a suggested Line 
 through the Park ?" 
 
 A. " I did." 
 
 Q. " What was his Lordship's answer?" 
 
 A. " His Lordship's answer was, that he had commu- 
 nicated with those whose wishes in the matter must ne- 
 cessarily control the course that would be pursued, and I 
 think in the words, as far as I can recollect, (repeating 
 words is somewhat difficult, and I wish to take care that 
 I do not exceed in any way the actual words that were 
 spoken,) but I think the words used by his Lordship were 
 these — ' Why, Mr. Drake, the Court do not very much 
 like the notion of a Railway through the Park; at the 
 same time, if the South-Western and the Great Western 
 would combine to come that way into Windsor, and so put 
 an end to the unpleasant discussion that is going on, I 
 have no doubt the consent of the Crown would be given.' 
 I believe those were, as near as possible, his Lordship's 
 words. — I may mention, that I have repeated to his Lord- 
 ship, within the last fortnight, those words, in order that I 
 might be careful, and not in any manner misrepresent that 
 which took place." 
 
 Now, Sir, that is the last Evidence we had previous to 
 the commencement of the Session of the intention of the 
 Crown. The next occasion upon which the Woods and 
 Forests appeared acting in the matter was in the debate 
 in the House of Commons, in which the Chief Commis- 
 sioner took part, and said, " No one could be more rejoiced
 
 ( 21 ) 
 
 than himself if an end could be put to the prosecution of 
 the further litigation between these two great Companies 
 with respect to their object of coming into the Royal Bo- 
 rough of Windsor, He had, as Mr. Gladstone observed, 
 when referring to Eton, many pleasing recollections of that 
 place, and he was happy to see that he had the sympathies 
 of the Right Honourable Gentleman upon this subject; 
 but with respect to the reconciliation of the matters in dis- 
 pute between the two Companies, he must confess that he 
 had no expectation that he should be able to adjust them." 
 And then he proceeds for the first time to give any public 
 indication about the Great Western Company, and " he 
 could not avoid expressing liis opinion that any benefit, 
 which for pubhc convenience ought to be conferred on one 
 Company and one only, ought, in consideration of their 
 longer occupation of the district, to be conferred on the 
 Great Western Company." 
 
 Now, Sir, this was about the 2oth of March. He, how- 
 ever, undertakes to mediate, saying at the conclusion, that, 
 so far from repudiating this proposal, he should be ex- 
 tremely glad to consent to it, if the two Companies would 
 only show a disposition themselves to smooth away the 
 difficulties. 
 
 Now, Sir, from that time to the present we know of 
 nothing which has passed with the Woods and Forests, 
 except from the Evidence in this room ; and we certainly 
 were very considerably surprised, and we have hardly re- 
 covered from that surprise yet, when such an Agreement 
 was produced as that which is upon your table between 
 the Woods and Forests and the promoters of the Great 
 Western Scheme. To understand its merits fully, we must 
 look at the Evidence by which it is accompanied of Mr, 
 Saunders on his cross-examination by Mr. Talbot; and 
 from that. Sir, and the other evidence, it appears that after
 
 ( 22 ) 
 
 this discovery of the Chief Commissioner's mistake in the 
 last Session of Parliament, by his Lordship there was 
 every disposition shown to replace the Great Western 
 Company in their previous position, and to remedy the evil 
 consequences of the mistake which had been made. It 
 appears, however, a consent having been promised from 
 that period to the Great Western Scheme, that it was not 
 until about a month ago that a treaty was entered into for 
 the agreement which is upon your table. 
 
 Mr. Saunders says, " The transaction is now perhaps 
 a month old ; but I beg, in giving you that answer, to say, 
 that it is the completion of a transaction which a long time 
 ago was in contemplation, and proposed ; it was in fact 
 the original design of the Great Western Railway Com- 
 pany, to contribute and assist the improvements that were 
 to be made at Windsor, of which we should derive partial 
 benefit ourselves." 
 
 Q. " Oh ! but stop ; — let me understand. — Is the Com- 
 mittee to collect from that answer that your intention 
 was always to buy your way through Eton opposition by 
 a contribution of money to the Crown ?" 
 
 A. "I do not call it ' buying our way through Eton 
 opposition ;' I do not admit that to be a true designa- 
 tion." 
 
 Q. " How comes it, if that was the original intention, 
 that it was only brought to light so lately as within the 
 present month?" 
 
 A. " Because last year there was a considerable diffi- 
 culty arising out of an agreement which the Woods and 
 Forests had made with the South-Western Railway Com- 
 pany, and loliich at that time precluded them from making 
 any arrangement with us." 
 
 And to the same effect, at a subsequent part of his 
 examination, Mr. Saunders tells you, " with reference to
 
 ( -23 ) 
 
 the mistake," (in answer to a question by the Committee,) 
 " I observed you say that impression was made by mis- 
 take r 
 
 A. "It was so admitted by his Lordship after he had 
 done it to me. And he expressed the deepest regret for it, 
 but that he had entered into an agreement with the South- 
 western Company." 
 
 Now then, Sir, if that agreement with the South- Western 
 Company was not designed by the Chief Commissioner, 
 and not understood by the parties, to have any exclusive 
 operation in their favour, I should like to know why the 
 existence of that agreement was any bar to the Great 
 Western contributing to the Windsor scheme last year ? 
 You have had it from Mr. Saunders himself, that the 
 existence of that agreement was the reason why the Crown 
 and the Great Western Railway Company could not come 
 together on the subject of this Improvement Bill last year. 
 How could it be so ? — why should it be so ? — unless it 
 was then intended, and beheved by the Crown and by the 
 parties acting in concert with the Crown, namely, the South- 
 western Company and the Eton authorities, who are, in a 
 certain sense, parties to the arrangement; unless it was then 
 believed by the Crown and those other parties that that 
 arrangement excluded the admission of the Great Western 
 Line in their proposed route into Windsor ? Here we have 
 it on Mr. Saunders's evidence. It must have been that, be- 
 cause the Bill introduced this year is in precisely the same 
 form in which it stood last year — the Improvement Bill 
 does not differ one tittle this year from what it did last 
 year. How could the existence of that arrangement last 
 year have precluded this giving £25,000 if they had 
 been so minded, unless there was an honourahle under- 
 standing at that time, which has been since thrown over, 
 that this arrangement was to he a final arrangement at 
 Black Potts, and that if the Great Western were to come
 
 ( 24 ) 
 
 inio Windsor, they were to come in that way and no other. 
 1 say the evidence itself makes it clear that that must 
 have been the state of the case. 
 
 Then Mr. Saunders is examined a little further — 
 Q. " I want to understand what portion of the works 
 which are to be done under the Improvement Bill have 
 been added for the convenience of the Great Western 
 Railway Company ?" 
 
 A. " I do not know that I can say anything has been 
 added for the convenience of the Great Western Railway; 
 but I think the Great Western Railway Company will 
 receive advantage from the communication between Old 
 Windsor and New Windsor, and generally the improve- 
 ments at Windsor will be beneficial to us as well as to the 
 Crown." 
 
 So they would have been last year : they were the same 
 improvements precisely. 
 
 Then he is asked — " The fact is, that there was no ob- 
 stacle to the contribution of 25,000Z. last year ?" 
 
 A. " Do you mean obstacle on the part of whom ?" 
 
 Q. " Of anybody." 
 
 A. •* Yes, there was a very considerable obstacle." 
 
 Q. " What was that ?" 
 
 A. " In the first place, it was not asked from us; and 
 in the next place, it was not offered." 
 
 Q. " Do you mean it has been asked this year ?" 
 
 A. " It has been part of the arrangement that has grown 
 out of the communication. I cannot say it has been asked; 
 it has been granted at all events." 
 
 Q. " Did you suggest it Mr. Saunders, or did the sug- 
 gestion come aliunde, to be put in the mildest way ?" 
 
 A. " [ think the suggestion came from the Great West- 
 ern Railway Company." 
 
 Q. " How comes it that you told us the other day, that
 
 ( 25 ) 
 
 the Chief Commissioner had given you his most hearty 
 consent to this Bill ever since the last session of par- 
 liament?" 
 
 A. " So he has." 
 
 Q. " Why was it necessary to clench that with the 
 25,000^ a month ago?" 
 
 A. " I do not know any necessity for clenching it. It 
 came to our knowledge about a month ago that the result 
 of what had taken place last year, left the Crown in a very 
 peculiar position ; that they were, by means of their obli- 
 gations to the South-Western, required to make a road 
 in one direction, and that which the Court were more 
 anxious for, namely, the closing of the Frogmore road, 
 could not be accomplished : in point of fact, there was a 
 difficulty arising from it." 
 
 A difficulty which existed last year: they had the same 
 Bill : they had no more money last year; and those cir- 
 cumstances existed last year, and yet Mr. Saunders tells 
 you there was an obstacle to any treaty on the subject of 
 contribution to the works, because of the arrangements 
 with the South-Western Company. 
 
 I say. Sir, I should be glad to know — with the same Bill 
 — with the same state of circumstances— the same monies 
 at their command as they had last year — how any new 
 difficulty has arisen which could warrant the Crown in 
 asking, or the Great Western in offering, anything different 
 this year from what had been offered last year. 
 
 Well then, Sir, it appears from Mr. Saunders' evidence 
 that the offer proceeded from them. It appears from Mr. 
 Saunders' evidence, in answer to a question from Serjeant 
 Wrangham, that a counter offer of land proceeded from the 
 Woods and Forests. The Great Western Company sug- 
 gest money; the Crown, on the other hand, I suppose 
 chary about accepting money without doing something for 
 it, offers land ; and then they bring this agreement forward.
 
 ( 26 ) 
 
 Now let us proceed to the Agreement, and see what sort 
 of document it is. 
 
 " An Agreement hetweeu the Croivn Commissioners and 
 the Great Western Railway Company." It recites that 
 a Bill is now pending, or about to be introduced into Par- 
 liament, to enable the Commissioners of her Majesty's 
 Woods and Forests, Land Revenues, Works and Build- 
 ings, on behalf of her Majesty, to make various alterations 
 and improvements in the approaches to the castle and town 
 of Windsor, in the county of Berks, and then proceeds : 
 " And whereas the said Great Western Railway is upwards 
 of two miles distant from the said town of Windsor, and 
 great inconvenience is experienced in proceeding from the 
 toion to the said Railway, not only hy the passengers pro- 
 ceeding by the said Railway, hut also in the transmission 
 of goods, merchandize and troops" 
 
 Here then is a recital of the public necessity of the 
 Great Western Scheme, very much what would have 
 been put in the preamble, if this had been before your 
 House ; and I dare say is similar to the preamble of the 
 Great Western Bill which is before you. The public 
 necessity is assumed by way of recital ; and then " Whereas 
 to obviate those inconveniences, the Great Western Rail- 
 way Company have preferred their Petition to Parliament 
 in this present Session for a Bill, and a Bill is now pending 
 in Parliament, intituled ' A Bill for making a Railway 
 from the Great Western Railway near Slough, to the Town 
 of New Windsor in the County of Berks ;' And whereas 
 the said proposed Railway is intended to pass over several 
 pieces or parcels of land belonging to Her 3Iajesty in 
 right of her CrownP 
 
 You will remember the evidence of Mr. Tite, that about 
 an acre and a quarter of Her Majesty's agricultural land is 
 required for the purpose, and no other land of Her Majesty 
 will be touched in the whole course of the Line; " And
 
 ( 27 ) 
 
 whereas the said Railway would, by the removal of houses 
 in Georye Street, Windsor, yreatly improve the sanatory 
 condition and yeneral character of the said town, the said 
 street being a badly drained and a badly ventilated street" 
 
 This is the scheme of the Railway of last Session ; it 
 was to do all that last Session just as now, — but it has been 
 suddenly discovered, that, by the removing of houses in 
 George Street, " it would greatly improve the sanatory 
 condition ; " And whereas by the removal of such houses 
 in George Street, and by the erection of a handsome 
 Station in the said Town, and by widening the approaches 
 thereto, and by means of the alterations and improvements 
 jjroposed to be effected under the authority of the said 
 firstly recited Sill, the accesses and approaches to the 
 Town and Castle of Windsor, and to the Terminal Station 
 of the said proposed Railway in Windsor aforesaid, would 
 be much improved, and in order to enable the said Com- 
 pany to construct the said Railioay, and to provide sites 
 for the erection of houses and other buildings, in lieu of 
 those proposed to be pulled down and removed by the said 
 Company in the execution of their ivorhs, and for other 
 purposes, it is desirable that the said Company should 
 acquire from Her Majesty a certain plot of vacant ground 
 in Windsor aforesaid, and certain parcels of land belonging 
 to Her Majesty situate in the parish of Eton in the county 
 of Bucks, more particularly mentioned and described in 
 and by the plans thereof hereto annexed and marked re- 
 spectively A. Sf B." 
 
 Then it proceeds further — there is no one single recital 
 sufficient to carry through such an Agreement, and there- 
 fore they are multiplied indefinitely, " And lohereas great 
 convenience will be afforded to the said Company by the 
 said improvements contemjjlated by the said firstly recited 
 Bill, and the said Company have in consideration thereof, 
 and for the considerations hereinbefore and hereinafter
 
 ( 28 ) 
 
 mentioned, agreed to contribute towards effecting the said 
 improvements contemplated hy the said firstly recited Bill 
 as hereinafter mentioned ; And whereas such last-mentioned 
 improvements will harmonize with the said proposed Rail- 
 way, and it will he conducive to the convenience and com- 
 fort of the Queen's Most Excellent Majesty, and will tend 
 to the better accommodation of the inhabitants of the town 
 of Windsor aforesaid ; that the alterations, improvements 
 and Railway contemplated hy the said tivo several herein- 
 before recited Bills should be carried into execution, and 
 the said Commissioners on behalf of Her Majesty, with 
 such consent as aforesaid, and so far as they lawfully can 
 or may, hut not further or otherwise, have on behalf of 
 Her Majesty signified their approval of such last-mentioned 
 Bill and have consented to enter into this Agreement 
 upon the terms and conditions following ^ 
 
 Now, you see, that these recitals are practically intended 
 to operate as a direct Crown approval of the Great Western 
 Bill : there is no doubt a vast deal about the convenience 
 to each party of the operations of the other, which, from 
 the evidence of Mr. Brunei and Mr. Saunders, would all 
 have answered just in the same way last year — both Bills 
 being- the same as last year. It is quite plain therefore, 
 Sir, that all that is delusion, and intended to be delusion ; 
 but the real substance of these recitals, and which no 
 doubt the money really was paid for, are these two re- 
 citals, — one that there is a great necessity for the Line, 
 and another that the Crown has consented to the Bill. 
 These are the two recitals for which the consideration no 
 doubt has been paid, and those you will look at as being 
 substantially the recitals on which the agreement pro- 
 ceeds. 
 
 Now, I say it cannot be otherwise ; in the first place the 
 Company offered £25,000, without having stipulated for 
 any land whatever: they had got the consent they say;
 
 ( 29 ) 
 
 but how were they to prove the consent? Some evidence 
 of the consent was necessary. The evidence of the consent 
 was worth as much money as the consent itself; the only 
 evidence that you have had of the consent, is this agree- 
 ment. Admitting even that they had got the consent, 
 they had no evidence of the consent, and they did not 
 know how to prove the consent; and this agreement, even 
 on the supposition, (if you will suppose it,) that there had 
 been a long secret understanding between them and the 
 Chief Commissioner — contrary to the whole course of his 
 conduct to the other parties — that they were to have the 
 assent, then it required some evidence of that assent ; — and, 
 I say, until they got the agreement by paying £25,000 for it, 
 they were wholly destitute of that evidence; — and I say, 
 deliberately and under full conviction that I am stating what 
 is the case, that they bought this agreement for the sum of 
 £25,000, that they might exhibit it before the Committee. 
 I say it must be so. Last year circumstances were just as 
 they are now, with the exception of the agreement with 
 the South-Western Company being a fresh agreement 
 instead of one a year old. Last year the Improvement Bill 
 was precisely in the same condition, the same form of Bill 
 for the same object as this year. Last year the Great 
 Western Company's Bill contemplated all the works that 
 are contemplated this year. Last year the Great Western 
 tell you, they were prevented by the agreement with the 
 South-Western from executing their intention of offering 
 money to the Crown; this year you find them offering 
 money to the Crown, not asking anything in return for it ; 
 vi'hile the Crown, as a matter of decency, tells them, why 
 you may as well have some land, and here is some land to 
 put into the agreement as a consideration for your money. 
 Now about the land, no valuer was called on their part 
 to prove its value Mr. Brunei had got from somebody 
 or other a statement that it was worth £18,000. Mr.
 
 ( 30 ) 
 
 Brunei, although a sufficiently bold and venturesome 
 man, thought he might as well cut that down to £14,000, 
 and then he so arranged his estimate as to make a loss in 
 his view of £11,000 upon the transaction. 
 
 Then for a long time the plans referred to in the agree- 
 ment — which agreement itself had been voluntarily put 
 in — were not to be put in without a special order from 
 the Committee on the subject; certainly one of the most 
 extraordinary proceedings I ever saw; but however the 
 plans were put in. We had some evidence of what the 
 land was ; Mr. Tite saw it, and Mr. Tite is entirely un- 
 shaken by cross-examination on the subject, — he tells you 
 he thinks £7000 is a high price for the land ; and in fact 
 he does not think a great portion of it, namely, the Sheet 
 Street portion, would be worth the £5000 he puts upon it, 
 unless it was for Railway purposes, to which it cannot be 
 applied in any real and true sense by the Company which 
 is to have the land. 
 
 Moreover the land is not to be given until all the stipu- 
 lations in the agreement are performed by the Great Wes- 
 tern Company, and one of those stipulations is, that they 
 shall pay £8000 in three months, £8000 more in nine 
 months, and the sum of £9000 within eighteen months 
 after the passing of the said Act ; they are also to make a 
 Station, to provide all accommodation for the Queen, and 
 when they have done that, paid the money, and done every 
 thing else that is required, then they are to have this land 
 
 Now, I say it is a bhnd and a delusory idea; it is in 
 fact practising upon Parliament in a way I do not think 
 right or proper, and that leads me to one or two observations 
 on the matter generally of the dealing of Public Boards 
 with Railway Companies. Speaking for the Eton Masters, 
 I am not in the slightest degree disposed to spare the 
 South -Western Company, if there was anything wrong in 
 their transaction. The Evidence, however, is, that in that
 
 ( 31 ) 
 
 case certain definite Works were to be performed, and 
 those Works were estimated by impartial people, and the 
 South -Western were bound to do them ; but there is no 
 doubt about this, that that fell in with a precedent ar- 
 rangement with the Crown, — the Woods and Forests of 
 course I am speaking of, — with regard to certain improve- 
 ments at Windsor, and that they fixed upon a Railway 
 Company a portion of that outlay which at any rate would 
 have been incurred if they could have found the means. 
 
 That was the case of the South -Western, and I think 
 that objectionable to a certain extent — at least it is part 
 of an objectionable system ; there is no doubt great diffi- 
 culty now-a-days in a great many public works, because 
 the economy of Parliament will not furnish means for 
 carrying them out; the Public Boards have consequently, 
 —and I speak generally with regard to almost all the Public 
 Boards, — fallen into the practice of exacting money from 
 Railway Companies that come before them, they having 
 an absolute power in almost every instance of stopping 
 their Bills, if their terms are n^t acceded to. 
 
 But, Sir, this evil is come to a height, and is exhi- 
 bited in this instance with a degree of nakedness which I 
 think I never saw on any previous occasion ; it is, practi- 
 cally speaking, taking the prerogative of the Crown to 
 market and selling it to the best bidder ; a portion of the 
 prerogative of the Crown was sold last year to the South- 
 western Company: one would have thought that was the 
 only sale that would have been made in that direction by 
 the Woods and Forests, but they reserved another little 
 bit to be sold this year, and they have sold it for £25,000. 
 Now, Sir, last year they had the plea and excuse, that 
 the Railway wanted the works they were going to make, 
 this year they have got no such excuse ; it is in evidence 
 before you that these works are no benefit to the Great 
 Western Railway, except as they are generally beneficial to
 
 ( 32 ) 
 
 the town ; and the only plea on which this agreement rests, 
 the only substantial plea, is, that the Crown is to give 
 property valued at the sum of £7000 by a competent valuer, 
 (and no other valuer has been called,) in return for £25,000 
 to be paid by the Company ; and then in the course of 
 that agreement you find, among a number of immaterial 
 recitals and matters wholly beside the mark, one or two 
 recitals which are the truth of the whole thing, which im- 
 ply the Crown's assent, and which is the only evidence 
 you have before you that the Crown does assent to this Bill. 
 Now, Sir, in my judgment, — I am speaking for parties in- 
 dependent altogether of either Railway, — this is a scan- 
 dalous traffic: as regards the Inhabitants and Masters of 
 Eton, and the parties representing the interests of Eton, I 
 say it is a piece of treason to us. I say that our interests 
 were recognized when the South-Western Bill was before 
 Parliament. I say further, that all the arrangements with 
 regard to the South-Western Bill were arrangements evi- 
 dently having upon them the stamp of a final settlement 
 of the question of access injo Windsor. I say, that was 
 confirmed by the Evidence of the Chief Commissioner of 
 Woods and Forests, — confirmed by the agreement which 
 was entered into with him, stipulating for the Great 
 Western access to Windsor, — confirmed by what you have 
 heard subsequently passed between the Chief Commis- 
 sioner and Mr. Drake. 1 say, that the whole of that con- 
 duct of the Crown has been departed from in this instance, 
 and departed from to our detriment, for the sum of £25,000. 
 I say we have been harshly treated; we have been ex- 
 tremely ill treated, and that in a quarter from which we 
 had the best right to expect protection and support. And 
 I say. Sir, that it would be very umch better, in a public 
 point of view, that Parliament should allow a little more 
 money to be given for pubhc objects, professedly and 
 openly, than that they should leave the public— for it is
 
 ( 33 ) 
 
 still the public in another shape — to the tender mercies 
 of Boards like this, who not only sacrifice their own 
 dignity in these transactions, but may, and have on this 
 occasion, sacrificed the interest of others comparatively 
 helpless, depending confidently, as they had reason to 
 suppose they had a right to depend, on the protection 
 which this Board offered them. 
 
 Well now, Sir, these are circumstances in which we 
 come before you against this Bill. We come representing, 
 as I have told you, the whole body of those charged with 
 the discipline of the School. They are unconnected with 
 any Railway, nobody can charge them with it; there 
 is not a man among them who is tainted, or has been 
 accused of being tainted, with Railway mania; we come 
 before you, and for the second time, to protest against 
 this measure. Now, I say, the simple protest, the simple 
 expression of dissent of such parties, even if it had no 
 substantial data to go upon, would and ought to receive 
 very great consideration at the hands of the Committee. 
 I do not mean in the slightest degree to say that in a case 
 of imminent public necessity, in a case where no other 
 means could be found to meet the exigencies of the public, 
 you would regard such a dissent with any over-lenient 
 feelings; you would scrutinise its grounds; but still, when 
 you find an intelligent and independent body — a body 
 representing not their own interests, but the interests of 
 those for whom they are trustees, coming forward at great 
 personal inconvenience, and hitherto personal expense, to 
 make a protest on the subject, — that in itself is a strong 
 prima facie ground in support of their case. There can 
 be no doubt whatever that the mere dislike of many a 
 powerful landowner has before now thrown out Lines far 
 more important than this, and yet you cannot search into 
 the grounds of such oppositions; you do not know what 
 amount of interest is at the bottom of them. Here you 
 
 c
 
 ( 34 ) 
 
 have a body whose nature you know, whom you cannot 
 suspect, unanimous against the measure. But their objec- 
 tions, as I said, are not and cannot be proved to be un- 
 founded after the evidence you have heard. I believe 
 amongst the Committee there is some local knowledge 
 of these matters. The whole of the west side of Eton 
 is, practically speaking, the playing fields of the boys ; 
 there are the regular playing fields appropriated to cricket, 
 and so on ; but practically speaking the whole country 
 in the direction of Chalvey and Upper and Lower Hope 
 is the playing fields of the boys ; they go over them at 
 all times without any restriction, having different amuse- 
 ments and different pursuits in nearly every portion of 
 them. 
 
 Now of that open space, so practically occupied by Eton 
 boys, a large portion, down to the black mark on the map, 
 is to be occupied by a Line nearly upon a level, or upon a 
 slight embankment. Dr. Hawtrey tells you, he has known 
 boys cross over a Line just before a Train comes, that he 
 has known boys throw their shilling on the Rails to watch 
 the effect of the Trains upon it, and that he has no doubt 
 whatever that you will have boys straying on the Line in 
 the course of their exercise in that direction, and he him- 
 self is anxious, and feels great responsibility on the subject. 
 All the other Masters concur in the view, there is not one 
 who does not think that is a point of danger and in- 
 convenience, nor any one of the old Etonians whom we 
 have called before you. That, is one reason, and I should 
 think a sufficient one. It is admitted how inconvenient 
 this matter is by the Company immediately raising the 
 Viaduct the moment they can, and that is what they call 
 "meeting our objections; " it meets them partially, — it 
 cannot meet them wholly. Then, again, passing over 
 the Hockey Field, — for which a substitute is to be found 
 in some way or other, but which, after all, is a matter
 
 ( 35 ) 
 
 in which the convenience and comfort of the School 
 is considerably engaged, — you come down to the ques- 
 tion of the bathing, and you find, certainly, not a very 
 delicate or very convenient approach to the principal 
 bathing-place ; and, lastly, you have the crossing of the 
 river with a pier (the evidence is so fresh in your recollec- 
 tion that I will not go into it at all,) which creates a mate- 
 rial impediment, and must do so, in one of the most inte- 
 resting sports of the boys. I am not going to insist on 
 these objections in detail, because the evidence is fresh in 
 your recollection, and you will give it as much weight as 
 it is entitled to and no more. I have no doubt of this, that 
 if this had been a case of a passage of a Line through a 
 gentleman's park, in which his children were accustomed 
 to play, you never would, and no Committee ever would, 
 have passed the Line on a representation of that land- 
 owner that his family were in danger, unless there had 
 been a very considerable case of public necessity shown. 
 And, practically speaking, this is the park of the Eton 
 boys, they are not the owners of the soil, that is not pre- 
 tended, but for all practical purposes it is their pleasure 
 ground and their park, and their numbers are far beyond 
 that of any private family, and their habits are such as 
 every one will tell you must expose them constantly to 
 danger, and in other respects to very great inconvenience, 
 if you sanction the passing of this Line. 
 
 But now, Sir, besides the mere fact of this Line itself 
 being a nuisance, an inconvenience, a source of danger, to 
 Eton, you have it upon evidence, and the probabilities 
 concur with all the evidence on the subject, that it will 
 expose the School to still further Utigation upon this sub- 
 ject, and lead, not improbably, but almost certainly, to an 
 attempt, which, I think, cannot be an unsuccessful attempt 
 to encircle the whole place. 
 
 You will remember the evidence of Mr. Okes, that when 
 
 c2
 
 ( 36 ) 
 
 the first deputation from the Great Western Company met 
 Eton College on the subject, they proposed to them two 
 different Lines, and that one of those Lines, passing close 
 to the houses of Eton, was strongly urged upon them, 
 because the South-Western Company could not join it. 
 Mr. Brunei drew upon the map the course by which the 
 Line must be joined, if at all, and showed that, practically 
 speaking, it could not be joined, urging as a reason against 
 the other that it could, and in all human probability would, 
 be joined by the South-Western. 
 
 Now, Sir, it is perfectly true the South-Western Com- 
 pany is at present restricted by clauses to stop at Black 
 Potts ; that is perfectly true ; perfectly true it is prevented 
 from crossing over the river without the consent of the 
 Crown, between Windsor Bridge and Staines Bridge, 
 which need not have been a stipulation, for they could 
 hardly do it anywhere without touching crown land ; this 
 is all perfectly true ; but it is as perfectly true that some 
 years ago the Great Western Company were restricted 
 from having a Station at Slougli, or projecting any Line 
 in the direction of Windsor or Eton. What has led to 
 the change? Public opinion to a considerable extent. 
 The difficulties of parties, such as the College labouring 
 in opposition to the Atmospheric Line, and a variety of 
 concurrent circumstances, have relaxed the prohibitions, 
 and you find the Great Western coming into Windsor on 
 the one hand, while the South-Western have obtained a 
 lodgment on the other. The Crown put the South-Western 
 where it is, and the Crown has done it on a bargain of 
 60,000Z. to go to its improvements. You have, therefore, 
 got by the Crown concurrence the Line on the one side, 
 and now you have been told the Crown's concurrence is to 
 pass a Line on the other side. I should like to know what 
 possible security you have that the Crown's concurrence 
 may not be given to a Line encirclina; Eton, if the whole
 
 ( 37 ) 
 
 course of the Woods and Forests jiolicy can be altered, as 
 we know and see it has been in the transaction which has 
 led to this agreement. What possible security can Eton 
 have that a similar arrangement, or the course of public 
 opinion, or some momentary difficulty of those who are 
 its proper defenders, should not lead, within a comparatively 
 short time, to a junction between those two Lines, a junction 
 which every body, who has expressed an opinion on the 
 subject, thinks would be a just and fair one, and one 
 which could not properly be resisted, because the Crown 
 having engaged to 2;ive a Wi7idsoi' terminus to the South- 
 Western Company, could not properli/ refuse to give it an 
 equally good terminus loith the Great Western, if by means 
 of the Crown the Great Western are admitted. That 
 opinion is distinctly expressed by Lord Lincoln and Mr. 
 Gladstone, in the debate that took place in the House of 
 Commons. They say the thing could not be resisted; if 
 the Great Western are to get in that way. Parliament 
 must concede it. 
 
 Now, Sir, I say that is a position in which we ought 
 not to be placed, and I say our being placed on the verge 
 of that position has been by the act of parties whose duty 
 it is now to extricate us. 
 
 I am strictly taking the position of the Eton people ; I 
 am looking about me for their safety; and see what dis- 
 tress they are menaced with. I find, in this Committee 
 Room, Mr. Locke and Mr. Tite giving evidence that public 
 necessity would urge on the South-Western Company the 
 construction of such a Line. They say they do not think 
 the Conipany could ever rest until it had tried and suc- 
 ceeded in getting it. You are told that vvas anticipated 
 by the Great Western Company at the time they proposed 
 these Lines to the College, and here you find that both 
 Lord Lincoln and Mr. Gladstone tell the House, that if an 
 entrance is given into Windsor to the Great Western Com-
 
 ( 38 ) 
 
 pany, Parliament never can refuse an equal advantage to 
 the South-Western Company. Humanly speaking it is 
 certain then, according to all the experience which we 
 have in these matters, that the South-Western Company 
 will force itself into Windsor if the Great Vv'estern gets 
 there. The alternative modes of doing so are, a Line 
 through the Home Park, under Windsor Castle, or the 
 Junction with the Great Western Company. 
 
 Now, then, Sir, if it is to be a Junction with the Great 
 Western Company, I say Eton would be sacrificed over 
 again ; and that is what people anticipate, and reasonably 
 anticipate, unless some compromise is effected in the 
 meantime. If it is to be a Line through the Home Park, 
 then I say the time is come for considering that Line ; 
 and, in my judgment, the Committee have enough evi- 
 dence and information before them to make up their minds 
 to a definite course to be pursued with regard to that Line. 
 The Crown has brought the South-Western Company to 
 Black Potts ; it has put it in the position for a start, in 
 whatever direction that may be, either a start which is to 
 be ruinous to Eton, or a start which is to save Eton, at 
 some small sacrifice on the part of the Crown. Now, what 
 evidence have we the Crown would not consent to such a 
 Line as that. Has any one said so on the part of the 
 Crown? Has any tittle of evidence at any time been given, 
 to the effect that the Crown would not consent to such a 
 Line, if the two Companies were to come to an arrange- 
 ment upon the subject ? 
 
 A letter has been put in by Mr. Saunders from the Chief 
 Commissioner, in which he says the Crown has not con- 
 sented to such a Line; that is the only evidence which has 
 been adduced to show the Crown ivould not consent to 
 such a Line. On the other hand, you have the evidence of 
 Mr. Drake, clear and expHcit, repeated to the Chief Com-
 
 ( 39 ) 
 
 missioner within a fortuiglit, that, although nut agreeable 
 to the Crown 
 
 The Chairman. — I think it is a stronger expression. 
 Where is that letter ? 
 
 Counsel. — I will turn to it immediately. It is in Mr. 
 Saunders's cross-examination. He received it opportunely 
 while he was under examination here. It is — "Office of 
 Woods and Forests, 23d May, 1848. Sir,— In reply to 
 your inquiry, I beg to state the Promoters of the Great 
 \\ estern Line took no part in suggesting the conditions that 
 the South- Western Company should not oppose any Line 
 between Slough and Black Potts. That suggestion ema- 
 nated exclusively from the Board of Works. It was clearly 
 stipulated that the Promoters of the South-Western Line 
 should not extend it over the river into Windsor. The Crown 
 has not given its consent to such a Line. The proposed 
 Line of the Great-Western to George Street has received 
 the full approval of the Crown. I have the honour to be, 
 &c." 
 
 There is, therefore, no Evidence at all that the Crown 
 would not consent ; and there is evidence that the Crown, 
 through its proper officer, has expressed a disposition to 
 do so, if it could thereby put an end to the litigation 
 upon this question. 
 
 Now Mr. Drake's Evidence is clear and conclusive upon 
 that point. It is quite true that no specific Line had been 
 mentioned. It is perfectly true the whole matter was dis- 
 cussed simply upon the knowledge of both parties of the 
 locality; the Crown cannot therefore be supposed to have 
 expressed an opinion on any given Line; but the general 
 principle of the Crown's assent was settled by the Chief 
 Commissioner, when he told Mr. Drake that, although the 
 Crown would not like it, yet, if it would make peace be- 
 tween the Companies, the Crown would give its assent to 
 such a Line.
 
 ( 40 ) 
 
 Now, Sir, that is one point disposed of, as far as evi- 
 dence on such a matter can go. We must always be in a 
 certain state of mist and haze on the subject of consents 
 of this kind, until they leap before you in their full-grown 
 shape, such as is exhibited in this Agreement. But so 
 much evidence as is to be had, we have, and the same 
 amount of evidence, nay, more evidence we have of the 
 probability of the College consent to such a Line, and all 
 parties admit that, engineeringly speaking, there would be 
 no difficulty in constructing it. 
 
 But, Sir, that being the state of the case, it is quite 
 plain there is another method for the Great Western Com- 
 pany to get into Windsor beside the method which they 
 have proposed. It is one certainly not of greater expense. 
 It is one which will involve, certainly, not near so much 
 sacrifice of feeling as this one; it is one which will as well 
 meet the convenience of parties as the Line before the 
 Committee. 
 
 This, then. Sir, is a settlement which is evidently open 
 at this moment, and the only dissentient party to the 
 settlement is the Great Western Company. Now, on what 
 ground is the dissent ? I ask you whether in the whole 
 course of the evidence there is a single tittle of it which 
 shows that the Great Western has a right to complain, if 
 it is forced to take such an entrance as that into Windsor? 
 There is not a single reason, I have looked for it in the 
 evidence, and there is not a single reason given. It is 
 perfectly true that they have raised this point, namely, 
 that the Line to the westward of their Slough Station is a 
 more convenient Line than a Line leaving the main trunk 
 to the Eastward ; but when you come to look into the 
 question, see what it issues in. 
 
 According to Mi-. Brunei, and according to the Evidence 
 generally, it seems there are only two trains which go to 
 Windsor exclusively, that is, which stop at Slough with a
 
 ( 41 ) 
 
 view to Windsor; those trains would probably run to 
 Windsor, as Mr. Brunei tells you, without stoppnig at 
 Slough ; of course they could run to the eastward of the 
 Slough Station, just as well as they could to the westward, 
 perhaps more conveniently, as they would not pass through 
 the Station — all the remainder of the Windsor traffic which 
 is distributed through their different trains would have to 
 enter the Slough Station, different carriages, or at any rate 
 different locomotives, be used, and so sent off on the 
 Branch Line. Being so situated, if they are to run into 
 the Station, it is plain they might just as well be drawn 
 in the direction of Datchet out of the Station, as they 
 could be drawn in the direction of Windsor by way of 
 Chalvey out of the Station. If they had a large amount 
 of through trains, the arrangement would be precisely the 
 same, for they would still go by the first curve down in 
 the direction of Windsor, without stopping at the Station; 
 but having a large amount which is not simply through 
 traffic, but traffic mixed up with other traffic, it must be 
 re-adjusted in the Station, and it can matter nothing to 
 that traffic, whether it is sent out of the Station in a 
 Western or Eastern direction. 
 
 That is the only one argument I heard on the subject 
 of the accommodation to be given by the Great Western 
 Company ; but of course the real and true reason is this, 
 — they want to have an advantage over the South-Western 
 Company,— they who have paid only 25,000^. want to 
 have an advantage over those who purchased their posi- 
 tion for 60,000Z.,— what they desire is to keep the South- 
 Western Company at Black Potts, while they force them- 
 selves into Windsor Town. The Eton people have no 
 wish to keep the Great Western out of Windsor. My 
 instructions are, let them have fair play. How can fair 
 play be more effectually given than by both coming to the 
 same Station? If Black Potts Station is sufficient, take
 
 ( 42 ) 
 
 them both there. If a Windsor Station is necessary, the 
 Crown and College, and the South- Western Company, the 
 Eton Masters, every body concur in saying, if you will only 
 make up your minds about it, and settle your differences, 
 you may come there. The Great Western Company holds 
 out, and it holds out because it is determined, if possible, 
 either by buying or by any other mode, to get an advan- 
 tage over the South-Western Company, and establish itself 
 exclusively at Windsor, to the entire destruction, as we 
 think, of the Eton interest, and, as I think, to the infliction 
 of great injustice and hardship on the South-Western 
 Company. 
 
 And now, Sir, I believe I have gone through all the 
 points which it is material for me to bring under your con- 
 sideration ; and as far as I am concerned for Eton College, 
 the course I beg to submit to the Committee is this, — it 
 being evidently in the power of the Crown to settle this 
 matter, because its consent is indispensable for any Line 
 which shall come into Windsor, or any Line in the neigh- 
 bourhood, — it being in the power of the Crown absolutely 
 to settle it, the Crown having shown a disposition so to 
 do up to a recent moment by a joint arrangement between 
 the Companies— the College being of the same mind — the 
 departure of the Crown from that proposal and from its 
 mediation being apparently upon grounds which the Com- 
 mittee, I am sure, will not assent to, or consider fit grounds 
 for departure from their original opinion, — they will do 
 that, if they are advised by me, which will leave the whole 
 matter for a future settlement, while, at the same time, 
 they express their opinion upon the subject in such a 
 way that it must influence the Great Western Company. 
 
 If the Line of the South-Western Company from Slough 
 to Blackpotts is of any value in further approaching Wind- 
 sor, let them pass that Line ; if they think it is not fitted 
 for that purpose, let them reject that Line ; and let them, (if
 
 ( 43 ) 
 
 they shall be guided by me, and by nie speaking solely for 
 the interest of those whom I represent,) let them give such 
 a parliamentary expression of their opinion on the subject 
 as will induce the Great- Western, the sole recusant party , 
 to see the folly of any longer interfering in their exclusive 
 course, and bring them another Session, with the consent of 
 all, (which consent we know practically has been already 
 obtained,) to some one Station at which both parties will 
 be accommodated. We do not care, as far as we are con- 
 cerned, whether they come into Windsor alone or with the 
 South-Western ; they may come, if the Crown think fit, 
 alone to the foot of Thames Street, and leave the South- 
 Western at Black Potts ; that is a matter of justice be- 
 tween the Crown and the South-Western which we do not 
 meddle with. All we say is this — here is another course 
 open ; here are vast inconveniences attending the course 
 you have suggested j you alone are the party who will not 
 enter into the arrangement. We ask at the hands of 
 Parliament that you, Sir, will give such a direction as 
 will render it impossible for the Great Western to perse- 
 vere in a course which is detrimental to the interests of 
 every body concerned, and which will not preserve their 
 own Station in Windsor singly, because, they having ob- 
 tained their entrance, the South-Western must find its way 
 in; the only question being, which shall get in first, and 
 which has the best means of assisting the other. Having 
 submitted these considerations, I trust you will throw out 
 the Bill, and, if you think fit, express your opinion in the 
 way I have suggested.
 
 ( 44 ) 
 
 [The Committee, before giving any opinion on the Pre- 
 amble, adjourned, in order that communications might be 
 made to the Eton Masters, with a view to ascertain whe- 
 ther any clauses could be inserted which would meet their 
 objections. 
 
 [At the adjourned Meeting of the Committee, the fol- 
 lowing Letter was read by the counsel representing the 
 Eton Masters.] 
 
 " Eton College, May 31st. 1848. 
 " My dear Sir— We learn from authority that the Cora- 
 " mittee have, for the present, deferred giving not only 
 " their final decision, but even their opinion upon the 
 •* preamble of the Great Western Raih"oad Bill. In the 
 " meantime the Committee have desired, as we also learn, 
 " that the Eton Masters and Assistants should have an 
 " opportunity of reconsidering their objections to that 
 " Bill, with a view of ascertaining whether the Great 
 *' Western Company could propose any clauses by which 
 " those objections could be removed. We feel ourselves, 
 " under these circumstances, compelled to state to our 
 " Eton Counsel the only conclusion at which we are able 
 " to arrive. For several years we have anxiously weighed 
 " the subject in all its bearings. We have no private 
 " property to defend or to improve ; we have no personal 
 " or selfish interests to consult ; we merely hold a sacred 
 " trust for a great school, dear to many men of all ranks, 
 " and we cannot betray it. We have heard again and 
 " again, on the part of the Gi'eat Western Directors, every 
 " possible suggestion for removing the objections which 
 " we have declared in evidence. We are fully persuaded 
 " that those gentlemen are willing to do all that large
 
 ( 45 ) 
 
 " pecuniary resources and great engineering skill can by 
 " any possibility effect, to remove those objections; but 
 " in all sincerity we are still convinced that no such 
 " possibility exists. Were we to recount in detail 
 " all the evils which we foresee to the discipline, the 
 " safety, and the comfort of the boys intrusted to our 
 " care, (should this bill unhappily receive legislative 
 "sanction,) we should only be repeating all our Evidence. 
 " — Evidence of which the truth has been confirmed after 
 " ocular inspection, as well as early local experience, by 
 " men of the highest character, position and talents in the 
 " country, and sharing with us no motive but that of a 
 " warm and conscientious love of Eton. — We abide by our 
 " Evidence, and we believe as we did in giving it, that the 
 " passing of the Great Western Bill for a Line into Wind- 
 " sor will, of necessity, inflict an irreparable injury upon 
 " the best interests of Eton School. To defend those in- 
 " terests we are bound by every tie of gratitude, affec- 
 " tion and duty. We earnestly urge you to lay this our 
 " deliberate judgment before the Committee. We do so 
 " with a strong and respectful hope, that an appeal in such 
 " a cause, from men mipelled to the course which they have 
 " taken solely by a sense of high responsibility, will not 
 " be unavailing. We do not appear in the character of 
 " advocates for «?ij/ Railroad. We are perfectly contented 
 " with what we have. We have no wish to interfere with 
 " the privacy or the comforts of others by any favourite 
 " Line of our own. We oftered no opposition last year to 
 " that Line, which we believed to have (if any had) her 
 " Majesty's preference, nor would we willingly oppose 
 " any road justly demanded for the personal comforts of 
 " the sovereign, or the convenience of the public. 
 
 " Li the present case, however, we are convinced that 
 " no such demand exists for the proposed Line ; and we 
 " are equally convinced that this Line prepares for us noiv.
 
 ( 46 ) 
 
 i-' and still more in prospect, irremediable injury without 
 " any countervailing advantage whatever. We desire, at 
 ** the same time, to express to the Committee our thanks 
 " for the opportunity given us for reconsidering our views, 
 " and of stating those convictions which every recon- 
 " sideration has only contributed to strengthen. 
 " I am, my dear Sir, 
 
 " Your's very faithfully, 
 
 " E. C. Hawtrey, Head Master. 
 
 " Approved and Signed by 
 
 " Richard Ores, Lower Master. 
 
 " Edward Coleridge, Assistant Master. 
 
 " William Gifford Cookesley, Assistant Master. 
 
 " Edward Hayes Pickering, Assistant Master. 
 
 ** Harry Dupuis, Assistant Master. 
 
 " Charles Old Goodford, Assistant Master. 
 
 " Charles John Abraham, Assistant Master. 
 
 " William Adolphus Carter, Assistant Master. 
 
 " Francis Edward Durnford, Assistant Master. 
 
 " Edward Balston, Assistant Master. 
 
 " John Eyre Yonge, Assistant Master. 
 
 " Henry Mildred Birch, Assistant Master. 
 
 " W. L. Eliot, Assistant Master. 
 
 " John Wm. Hawtrey, Assistant Master. 
 
 " Cha. Luxmore, Assistant Master.
 
 LONDON : 
 
 PRINTED By W. P. METCHrw, BEDFORD STREET, 
 BEDFORD ROW.
 
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